Homeowner Associations, Prevailing Party: Homeowner Only Achieving Marginal Success, But Not Removing Quorum Requirements Or Board Member Removals, Was Not A Pragmatic Prevailing Party

Davis-Stirling Act And CC&R Provisions Did Not Require A Fee Award To Homeowner.

               In Mays v. Oakview Homeowners Assn., Case Nos. D083707 et al. (4^th Dist., Div. 1 June 17, 2024) (unpublished), homeowner received a fairly limited mandate win to direct the HOA to conduct an election to replace board directors whose terms had expired.  However, the main litigation objectives of her proceeding—getting rid of a quorum requirement and removing certain directors—did not happen.  Homeowner moved for attorney’s fees of $57,775.81 plus a positive 1.5 multiplier under the Davis-Stirling Act and the CC&Rs.  The lower court denied the motion.

               Homeowner’s appeal on the fee denial was not successful.  The CC&Rs only related to delinquent assessments, not broader homeowner-HOA disputes.  On the Davis-Stirling Act fee request, the lower court did not abuse its discretion in deciding that homeowner did not achieve her main litigation objectives—the additional relief she requested and did not win on—results which properly led to a denial of fees to homeowner.